Report on the final evaluation of the candidates who have applied for admission to the Initial Training, for the academic year 2021

Subject: Report on the final evaluation of candidates who have applied for admission in the Initial Formation for the Academic Year

After the statement of the verdict no. 35, date 28.1.2021, on the number of candidates that will be accepted in the Program of Initial Formation at the School of Magistrates for the academic year 2021 – 2022, of the High Judicial Council and of the verdict no.17 , date 27.1.2021, on the establishment of the number of candidates for magistrate for the profile of prosecutor in the Program of Initial Formation at the School of Magistrates for the academic year 2021 – 2022, of the High Prosecutorial Council, the Director of the School of Magistrates issued the Internal Order no. 24, date 1.2.2021, on theadmission test for the academic year 2021-2022, that regulates in entirety the process of the admission test.

On the basis of the Article 28, of the law no.96/2016, the School of Magistrates published immediately the call for candidacies in the Initial Formation, by publishing the notification on the official website of the High Judicial Council, of the High Prosecutorial Council, of the School of Magistrates and in two of the newspapers of the highest circulation in the country.

By means of this notification, all the interested people were informed on:

The initiation of the application procedure;
The period in which the School of Magistrates accepts and collects the documents of interested people;
The criteria that might be met under the anticipations of the Article 28 of the law no. 96/2016 and of the Article 10 of the Internal Regulation of the School of Magistrates;
The documents that have to be submitted by the interested people.

It was decided that the date of the organization of the admission test would be notified in a second moment, observing the general situation of pandemic in the country.

Under the Internal Order was established the creation and composition of the Commission for the verification of documents for the registration process, with these members:

1. Mr. Dashamir Kore, Home lecturer of the School of Magistrates;

2. Mrs. Erjola Mura, Scientific secretary of Initial Formation;

3. Mrs. Jonida Dragoti, Scientific secretary of Initial Formation.

In the period 01 February - 01 March 2021[1], the scientific secretary of the Initial Formation at the School of Magistrates has accepted the applications of people who were interested to take part in the admission test.

The admission test for the new academic year 2021-2022, will be done on dates:

19 April 2021, (first phase, test of intelligence);
22 April 2021, (second phase, professional test).

In the registration period, people who expressed the interest and completed the procedures of registration to take part in the test of April are in total 305 (three hundred and five), of which:

286 (two hundred and eighty-six) applicants for candidates for magistrate;
74 (seventy four) applicants for candidates for legal advisor/assistant.

After the completion of the registration period, 74 (seventy four) applicants for candidates legal advisor/assistant were sent for the verification of the legal criteria to the High Judicial Council, while for competitors who have applied for candidates for magistrate, Commission for the verification of documents initiated the work for the evaluation of the meeting of legal criteria, on the basis of corresponding documents.

This commission based on the Article 28, of law no. 96/2016, on the status of judges and prosecutor in the Republic of Albania, and on the Article 10 of the Internal Regulation of the School, has done the qualification and of applicants disqualification. So, for a person to participate in the admission test of the initial formation for candidates for magistrate has to meet the criteria established in the Article 28, of law no. 96/2016, and in the Article 10 of the Internal Regulation of the School of Magistrates, criteria that are cumulative with each other and that have to be met at the same time by the candidate so that to take part in this test.

The legal criterion that has resulted in the largest number of disqualified people is that of the general average grade and the average grade of the main subjects. Law no. 96/2016, on the status of judges and prosecutor in the Republic of Albania, delegates this competence to the School of Magistrates, that in the Article 10, point 4, letter (d), of the Internal Regulation anticipates that the general average grade and the average grade of the group of the main subjects has to be no less than 8. This criterion was not met by 17 applicants.

Another legal criterion is that of three years of full time active professional experience, after the graduation in the complete cycle of university studies, in the judicial or prosecutorial system, in public administration, free legal professions, lecture-giving in justice faculties, or in every other position in equivalence with them, in the private sector or in international organizations.

The experience received in the above-mentioned institutions, if not based on the application of knowledge that is a continuation of university education required by this law, cannot be considered work experience for qualification effects. This specification of this criterion in the School Regulation puts all applicants in equal positions to compete in the initial formation for candidate for magistrate.

This attitude is followed even in the recently law approved by the Parliament of the Republic of Albania, more concretely law no. 50/2021, on some additions and amendments in law no. 96/2016, on the status of judges and prosecutor in the Republic of Albania, amended. In the 7, point 2, where are reflected the additions and amendments of the Article 28, letter (ç), where concretely is anticipated as follows: “2. In letter “ç”, after the phrase “in full-time” is added the phrase “after the completion of integrated studies in law, under letter “c” of this article.”

This criterion was not met by 12 applicants.

On 12 March 2021, on the basis of the completed verifications for candidates for magistrate, the Commission has evidenced the findings for every application presented and came in the conclusion that:

286 (two hundred and eighty-six) of interested applicants have submitted the documents required by law and the Regulation to compete for candidates for magistrate;
32 (thirty-two) of interested applicants do not meet the legal criteria for candidates for magistrate, that are related mostly with the non-meeting of the criterion of minimal points, of the three-year professional experience after the receiving of the diploma, Master of Sciences, or not having a certificate of one of the 5 foreign languages.

On 12 March 2021, the School of Magistrates has filed to the High Judicial Council the files for 282 (two hundred and eighty-two) applicants of the profile – judge – and to the High Prosecutorial Council the files for 241 (two hundred and forty-one) applicants of the profile – prosecutor –, along with the report on the results of their preliminary evaluation, the list and the files of applicants who have not met the legal criteria.

The High Prosecutorial Council and the High Judicial Council presented to School in the support of the Article 30 (4), of the law no. 96/ 2016, on the status of judges and prosecutor in the Republic of Albania, comments and suggestions on the preliminary report submitted by the School of Magistrates.

More concretely:

1. ON THE RECOMMENDATIONS OF THE HIGH JUDICIAL COUNCIL

For the applicant Mrs. S.Q

The High Judicial Council is of the opinion that the applicant Mrs. S.Q does not meet the criterion of necessary work experience after the completion of university studies. To Mrs. S.Q is not recognized the official confirmation that has received for the period of practice as assistant lawyers next to a lawyer, because under the opinion of the High Judicial Council for this period of practice are not paid contributions by the lawyer av. I.Sh and between the candidate and the lawyer is not signed a contract of such nature and are not accomplished the obligations for the declaration and registration of the candidate at the National Chamber of Advocacy and Ministry of Justice.

The School of Magistrates riverified the file of the applicant Mrs. S.Q, and resulted that in the work booklet is reflected the work as specialist in Tirana Treasury Branch, for a period of 2 years and 10 months.

Meanwhile is not considered the confirmation of the National Chamber of Advocacy, that verifies the accomplishment of 1 (one) year of professional practice as assistant lawyer, as well as the confirmation from av. I.Sh which confirms that has accomplished the Practice as assistant lawyer for a period of 1 year, under the Article 20, point 3 of law, on the profession of lawyer in the Republic of Albania, that anticipates: “Every lawyer or law firm, that meets the conditions of point 2, of this article, has the right to accept one or more candidates for lawyer. Candidates for lawyer sign an agreement with the lawyer for the accomplishment of one year of professional practice in the form of an internship. Candidates for lawyer during the period of the commitment of professional practice do not receive payment. The lawyer or law firm, where is clone the practice, is excluded from the obligation to pay the contribution of social and health security for the candidate for lawyer, during the 1-year internship period. The internship period is known as the seniority period at work.”

In total, along with 1(one) year of internship period, the applicant has 3 years and 10 months, consequently the School of Magistrates considered that the competitor meets the legal criteria to participate in the admission test for the academic year 2021-2022.

For the applicant Mrs. B.H

The High Judicial Council is of the opinion that the applicant Mrs. B.H does not meet the criterion of necessary work experience after the completion of university studies. In the calculation of professional experience for the applicant, seems to have been included the periods of employments in two notary offices, referred according to her as assistant notary, while the applicant has had the position of secretary, under the notes in the Work Booklet. From the applicant is not presented a verifying document in relation to the registration as notary assistant, as was required by the law of the time, on the notary, amended.

By the verification of the documents of Mrs. B.H by the School of Magistrates, results that in the work booklet the applicant has evidenced the work experience as secretary of two notary offices, for a period of 39 months, 3 years and 3 months.

While, from the confirmations and recommendations issued by the notary offices where she has worked, is confirmed that has formulated notary acts and other similar documents. This candidacy has participated in the competitions of years 19-20 and 2020-2021.

As above mentioned, the School of Magistrates considers that the competitor in included in the list of candidates to participate in the admission test for the academic year 2021-2022.

For the applicant Mrs. J.B

The High Judicial Council is of the opinion that the applicant Mrs. J.B does not meet the criterion of necessary work experience after the completion of university studies. The High Judicial Council in its evaluation does not recognize the experience 1 year and 9 months after the completion of the scientific master of the applicant in the notary office, as it is noted in the work booklet “Secretary” and is declared that from the administered documents, does not result that between Mrs. J.B and the notary A.Gj to have been signed a contract of this nature and are not accomplished the obligations for the declaration and her registration at the National Chamber of Advocacy and the Ministry of Justice.

Meanwhile, from the recertification of the file of the applicant, results that she has worked 21 months, 1 year and 9 months after the completion of master in a notary office. Also, Mrs. J.B, referring to the submitted documents, results to have an employment contract with the notary, Mrs. A.Gj, and this contract is registered in the Ministry of Justice. In the work booklet is written secretary, while from the confirmation received from the notary Mrs. A.Gj, the work description and her position is notary assistant.

She has work experience 1 (one) year as specialist at the National Authority for Mining Safety and Energy.

She has work experience 1 (one) year and in continuity in the Ministry of Tourism and Environment, as the Head of the Territorial Branch of Tourism.

In total the applicant has 3 years and 9 months of work experience.

As above mentioned, the School of Magistrates considers that the competitor accomplishes the legal criteria to participate in the admission test for the academic year 2021-2022.

For the applicant Mrs. A.T

The High Judicial Council is of the opinion that the applicant Mrs. A.T does not meet the criterion of necessary work experience after the completion of university studies. In the evaluation of the High Judicial Council for the work experience of Mrs. A.T, is calculated the work experience 2 years and 2 months, while is not considered the confirmation of the National Chamber of Advocacy, that certifies the accomplishment of 1 (one) year of professional practice as assistant lawyer.

The School of Magistrates has recognized as work experience even the 1 year practice as assistant lawyer, under the Article 20, point 3 of law, on the profession of lawyer in the Republic of Albania, that anticipates: “Every lawyer or law firm, that meets the conditions of point 2, of this article, has the right to accept one or more candidates for lawyer. Candidates for lawyer sign an agreement with the lawyer for the accomplishment of one year of professional practice in the form of an internship. Candidates for lawyer during the period of the commitment of professional practice do not receive payment. The lawyer or law firm, where is clone the practice, is excluded from the obligation to pay the contribution of social and health security for the candidate for lawyer, during the 1-year internship period. The internship period is known as the seniority period at work.”

In total, along with 1(one) year of internship period, the applicant has 3 years and 3 months.

Consequently the School of Magistrates considered that the competitor meets the legal criteria to participate in the admission test for the academic year 2021-2022.

For the applicant Mr. L.M

The High Judicial Council is of the opinion that the applicant Mr. L.M does not meet the criterion of necessary work experience after the completion of university studies. In the evaluation of the High Judicial Council for the work experience of Mr. L.M is calculated the work experience 2 years and 8 months, while is not considered the confirmation of the National Chamber of Advocacy, that certifies the accomplishment of 1 (one) year of professional practice as assistant lawyer.

In total, along with 1(one) year of internship period, the applicant has 3 years and 8 months.

Consequently the School of Magistrates considered that the competitor meets the legal criteria to participate in the admission test for the academic year 2021-2022.

For the applicant Mrs. L.V

For the applicant Mrs. L.V, the High Judicial Council has evidenced a material mistake in the calculation of the general average grade. The mistake in the calculation of the general average could have been derived from a mistake noticed in the document “Grades certificate”, no. 2775, prot. 14.10.2011, where in relation to the number of the subjects of category B-Disciplines of characterizing formation of the Ist compulsory program for all, there is an overstepping of the ordinal number “10” to the ordinal number “13”, while at the end result “31” subjects in total, while in reality there are 29.

After the re-verification, the School of Magistrates calculated the average under the recommendations of the High Judicial Council, where at the end resulted that the general average grade of the applicant is 8.34.

Consequently the School of Magistrates considered that the competitor meets the legal criteria to participate in the admission test for the academic year 2021-2022.

For the applicant Mrs. G.Sh

For the applicant Mrs. G.Sh, the High Judicial Council is of the opinion that the School of Magistrates has made a mistake in the calculation of the average of the main subjects. From the recertification and recalculation of the average of the main subjects of the applicant G.Sh results that there is no mistake in the calculation and the average of the main subjects is 7.88.

As above mentioned, the School of Magistrates considers that the competitor accomplishes the legal criteria anticipated in the Article 10, point 4, letter “d”, of the Internal Regulation of the School of Magistrates for the admission test for the academic year 2021-2022.

For the applicant Mrs. I.K

For the applicant Mrs. I.K, the High Judicial Council suggests that professional experience of the applicant to be recertified, under the definitions of the Article 28, point 1, letter “ç”, of the law, on status, that requires as criterion at least 3 years of active full-time work experience. For this, starting from the completion of Bachelor, we suggest that the period of work of the applicant to be recognized as professional experience, on the reasoning that cannot be treated unequally the candidates that accomplish the same work after the completion of the Scientific Master, with those that have accomplished it after the completion of Bachelor and Professional Master, as in the concrete case, in the conditions when the law does not prohibit the employment. Also, the consideration of this suggestion does not influence in the conclusion achieved in the preliminary evaluation, since the applicant does not accomplish even one of the other criteria, which is that of the general average 7.65, as well as of the average of the group of the main subjects, 7.54.

The School of Magistrates, in the respect of the Article 28, letter “ç” of the law no. 96/2016, on the status of judges and prosecutors, as well as the Article 10, point 4, letter “f”, of the internal Regulation has the approach that all competitors that participate in the admission test, have to have obligatorily 3 years of full-time work experience as jurist, only after the completion of the full cycle of university studies. This approach is respected even in the law recently approved by the Parliament of the Republic of Albania, more concretely law no. 50/2021, on some additions and amendments in law no. 96/2016, on the status of judges and prosecutors in the Republic of Albania, amended. In the Article 7, point 2, where are reflected additions and amendments of the Article 28, letter “ç”, where concretely is anticipated that: “2. In letter “ç”, after the phrase “in full-time” is added the phrase “after the completion of integrated studies in law, under letter “c” of this article.”.

For the applicant Mr. A.M

For the applicant Mr. A.M, it is suggested from the High Judicial Council and High Prosecutorial Council the recertification of his candidacy with the reasoning that the law permits the competition in the School of Magistrates of every person that meets the criteria established by it, by not hindering in this way the candidacy in the initial formation even of individuals that are family members or are related to the internal staff of the School of Magistrates. It is obvious that the regulation in Article 10, point 5, of the Internal Regulation of the School of Magistrates, is done in the function of the prevention of the conflict of interest, but this rule, in spite of the prevention of the conflict of interest, in fact negates to the individual constitutional and legal rights. On the other hand, referring to law no. 9367, date 7.4.2005, on the prevention of the conflict of interest in the exercise of public functions, amended, it is the official, like every other superior, that has to duty of the prevention and resolution of every state of conflict of interest in the most fruitful way.

The School of Magistrates has considered this type of conflict of interest. Treatment even in these types of relations has been a priority of the School of Magistrates.

For the applicant Mrs. E.K, Mrs. E.R, Mr. O.V, Mrs. A.D, Mrs. K.K and Mr. K.H

For the applicant Mrs. E.K, Mrs. E.R, Mr. O.V, Mrs. A.D, Mrs. K.K and Mr. K.H, that do not meet the criterion of the necessary work experience after the completion of the full cycle of university studies, the High Judicial Council suggests that if the employment of these applicants has been active and in full-time in the judicial or prosecutorial system, in public administration, in free legal professions, lecturing in law faculties, or in every other position equivalent to them, in the private sector or international organizations, starting from the completion of Bachelor, is suggested that this period may be considered as professional work experience even if the applicant has completed it after the Scientific Master. In the evaluation of the Council, must not be an unequal treatment between candidates that do the same work after the completion of the Scientific Master, with those that have completed it after the completion of Bachelor, in the conditions when the law does not prohibit the employment.

As above mentioned, the School of Magistrates considers that the above mentioned competitors do not meet the legal criteria to participate in the admission test for the academic year 2021-2022.

2. ON THE RECOMMENDATIONS OF THE HIGH PROSECUTORIAL COUNCIL

For the applicant Mrs. A.D

For the applicant Mrs. A.D, for whom is decided that does not meet the criterion of the necessary professional experience after the completion of the full cycle of university studies, the High Prosecutorial Council has required the recertification of this criterion recognizing even the work experience after the completion of Bachelor, since as High Prosecutorial Council declares, in the conditions of the actual necessity for the increase of the quality of magistrates. The High Prosecutorial Council evaluates that the application of this exclusion criterion, does not serve to this purpose, on the contrary may lead to the omission of the opportunity of candidate in the admission test of a candidacy, who meets all the other criteria, that guarantee the respect of the standard of quality, such as the criterion of the average grade, as an essential element to be accepted in the Initial Formation in the School of Magistrates.

As above mentioned, the School of Magistrates considers that the above mentioned competitor does not meet the legal criteria to participate in the admission test for the academic year 2021-2022.

Recommendations done by the Councils for one of disqualified candidacies were accepted as having a basis by the School of Magistrates and this competitor was added to the list of candidates that meet the legal criteria to participate in the admission test. Based in point 4 of the Article 30 of law no. 96/2016, on the status of judges and prosecutor in the Republic of Albania, the School of Magistrates declares today on 15.4.2021, the report on the final evaluation, considering the comments and suggestions of the Councils.

The list of qualified competitors with scantron numbers for the admission test of the academic year 2021-2022

DIRECTOR

ARBEN RAKIPI

[1] The deadline was postponed to March 1, because the last registration date, February 28, was a holiday.